GROUNDS FOR DIVORCE OR DISSOLUTION OF MARRIAGE

To be able to pursue a dissolution of marriage (divorce) action, there either has to be grounds for the divorce (fault) or irreconcilable differences must have occurred which cause the breakdown of the marriage (no-fault). Some of the common grounds for Dissolution of Marriage are the following:

• a. Adultery;
• b. Impotency;
• c. Physical Abuse;
• d. Mental Abuse;
• e. Desertion;
• f. Habitual Drunkenness;
• g. Excessive Drug Use.

To pursue a No-Fault Divorce, a party must be able to prove the following:

That the spouses have lived separate and apart for a continuous period in excess of 2 years and irreconcilable differences have caused the irretrievable breakdown of the marriage and the court determines that efforts at reconciliation have failed or that future attempts at reconciliation would be impractical and not in the best interst of the family.

750 ILCS 5/401

There are numerous occasions where the parties have been living separate and apart for at least 6 months, but not lived separate and apart in excess of two (2) years, but would like to obtain a divorce. In that case, the Court will grant a Divorce, if, among other things, the requirements of living separate and apart for a continuous period in excess of 2 years has been waived upon written stipulation of both spouses filed with the court.

750 ILCS 5/401